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Bombay High CourtCAO/688/2021delay condonatedrejected

Pankaj S/O Prabhakar Joshi v. Shri Murlidhar S/O Namdeorao Raut And Others

2022-02-16Hon'Ble Smt. Justice M. S. Jawalkar2 pages

12.CAO No.688.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.688/2021 Pankaj S/o. Prabhakar Joshi Vs. Murlidhar S/o. Namdeorao Raut and Ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. V. S. Giramkar, Advocate for the Applicant. CORAM : SMT. M. S. JAWALKAR, J.

DATE : 16/02/2022.

1.

For the reasons stated in the application, I am satisfied that the reasons are bonafide and sufficient to condone the delay though there is no attempt on the part of applicant for about 10 months to ascertain status of his case. However, in the interest of justice application needs to be allowed to grant fair opportunity subject to cost of Rs.1000/- to be paid to the High Court Bar Association within a period of two weeks.

2.

Accordingly, the application is allowed. The delay of 619 days for filing the application is hereby condoned. 3.

The application is disposed of accordingly.

CIVIL APPLICATION (ST) No.12505/2021.

1.

The present application for setting aside the order dated 02.01.2020 passed by the learned Registrar of this Court refusing to register the Second Appeal for want of removal of the office objections.

2.

The reasons put-forth in the application are accepted. The application is allowed.

12.CAO No.688.21 3.

The applicant is permitted to remove the office objections within two weeks.

4.

The Registry to register Second Appeal after payment of cost and removal of office objections. 5.

Liberty is granted to the applicant to circulate the matter after registration.

(Smt. M. S. Jawalkar, J.) RGurnule MANOJ MANDADE 17:25